Case law

Pinkus v. Reilly

178 F. Supp. 399 · District Court, D. New Jersey · Nov 16, 1959

In other words, the Post Office Department could rely upon the consensus of informed medical judgment to the contrary to establish the falsity of the Pinkus representations. To paraphrase Reilly v. … Clearly, these advertisements by him were intentional. Clearly, since they were contradictory, he knew he was then stating an intentional falsehood to the public.

State v. Nevius

426 N.J. Super. 379 · New Jersey Superior Court Appellate Division · Jun 18, 2012

Ian Hood, who was qualified as an expert in forensic pathology, reviewed Gross’s autopsy report and photographs from the scene, and examined the recovered knife. … Clearly, where the crime in question was known to have been committed by a single person, a confession by a person other than the defendant, clearly an inculpatory statement, would have a strong tendency to exculpate the

Leggett v. Barton

40 N.J.L. 83 · Supreme Court of New Jersey · Feb 15, 1878

But the enactment forms part of the system, of bankruptcy which congress, in the exercise of its *85 constitutional power, has established. … a part of that section, it chose an appropriate and efficient means of evincing an intent to subject composition, proceedings to the force of the qualifying section, and to put the release of debts therein provided for,

State v. McKeon

385 N.J. Super. 559 · New Jersey Superior Court Appellate Division · May 24, 2006

Because we find that an otherwise qualified defendant should not be barred from PTI, we reverse and remand. … "[T]o reverse the denial of an application for PTI[,] a defendant must clearly and convincingly establish that the prosecutor's refusal to consent to admission to the program was based upon a patent and gross abuse of discretion

GREMO v. BAYER CORPORATION

District Court, D. New Jersey · Jun 7, 2019

Petitioner contends this evidence conclusively establishes the RCA Report is not litigation work-product. … Discussion The work-product doctrine provides qualified immunity from discovery to certain material prepared by or at the direction of

State v. SR

175 N.J. 23 · Supreme Court of New Jersey · Dec 12, 2002

Clearly, the phrase means something more than the mere collection of a VCCB penalty from an individual discharged from probation. … all or part of a sentence on intensive community supervision or all or part of a supervised release or parole term on intensive supervised release" are supervised by "a probation officer, a corrections agent, or any other qualified

PARKER v. NEW JERSEY MOTOR VEHICLE COMMISSION

District Court, D. New Jersey · Mar 16, 2023

“Thus, if the nonmoving party fails ‘to make a showing sufficient to establish the existence of an element essential to that party’s case, . . . there can be no genuine issue of material fact.’” Id. (quoting Katz v. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

J.M.S. v. J.W.

420 N.J. Super. 242 · New Jersey Superior Court Appellate Division · Jun 20, 2011

Plaintiffs specifically noted that defendants were “clearly ‘family members’ [as] biological relatives of the children’s mother[,]” and that it was “clear that the children were placed with ... … In fact, it is now well-established in New York that “[a] grandparent may seek visitation with a grandchild even after parental rights have been terminated or the child has been freed for adoption.” In re Ann M.C. v.

ATLANTIC CITY MED. CENTER v. Squarrell

349 N.J. Super. 16 · New Jersey Superior Court Appellate Division · Feb 22, 2002

. § 1396 et seq., the federal government is authorized to provide financial support to a state that provides medical assistance to qualified persons. … The summary statements set forth in the Division's decisions were clearly inadequate.

CUEVAS v. UNITED STATES BUREAU OF PRISONS

District Court, D. New Jersey · Jul 21, 2020

App’x at 516 (federal employees may be sued under Bivens in their individual capacities, subject to the qualified immunity defense). … Sept. 30, 2008) (finding an isolated incident of injury to wheelchair-bound prisoner on uneven sidewalk did not establish Eighth Amendment conditions of confinement claim.)

Raynor v. Raynor

319 N.J. Super. 591 · New Jersey Superior Court Appellate Division · Mar 29, 1999

The court noted, [a] personal injury settlement differs from a custodial or trust account established for the child's education. … Clearly funds set aside for educational purposes should be utilized to defray the parent's obligation.

State v. Candelaria

311 N.J. Super. 437 · New Jersey Superior Court Appellate Division · Apr 20, 1998

HIM AS AN EXPERT AND WITHOUT ESTABLISHING THAT THE SCIENCE, METHODOLOGY OR TECHNIQUE USED BY HIM YIELDS SUFFICIENTLY RELIABLE RESULTS. … There was substantial evidence clearly establishing defendant's guilt in addition to his statements.

State v. Maxey

77 N.J. Super. 397 · New Jersey Superior Court Appellate Division · Nov 21, 1962

In Ex parte Pedrini, the California Supreme Court said: "* * * petitioner urges us to declare as law of the state, * * * that once a defendant is sentenced to life imprisonment he is immune from punishment for a further crime … The sentences are clearly provided for in the statute. Yet, on the theory here advanced, it is an impossible sentence. The defendant cannot serve longer than life.

I/M/O Town of Harrison and Fraternal Order of Police, lodge No. 116

440 N.J. Super. 268 · New Jersey Superior Court Appellate Division · Apr 15, 2015

"The Director of the Division of Pensions and Benefits shall appoint a qualified employee of the division to be secretary of the board. … hereunder shall be headed, directed and supervised by a director, who shall be a person qualified by training and experience to direct the work of such division.

Dunbar Homes, Inc. v. the Zoning Board of Adjustment

448 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Feb 14, 2017

N.J.S.A. 40:55D-3 provides definitions that apply "[f]or the purposes of this act, unless the context clearly indicates a different meaning." … Applying established rules of statutory construction, Twp. of Pennsauken v.

State v. Rangel

422 N.J. Super. 1 · New Jersey Superior Court Appellate Division · Aug 22, 2011

The term "physical force," like its companion term "coercion," acts to qualify the nature and character of the "sexual penetration." … Clearly, the statute's inclusion of section (6) renders the phrase "on another" in section (3) ambiguous, at best, thereby requiring resolution "in favor of the defendant."

STALLER

District Court, D. New Jersey · Jan 8, 2026

The Court cannot enter a judgment against the prison as it is immune from suit in federal court. … Plaintiff thus clearly failed to meet his obligations under the statute, and, absent an exception, his malpractice claims must be dismissed.

State of New Jersey v. Ibe Allah-Jr

New Jersey Superior Court Appellate Division · Aug 14, 2024

The State Failed To Establish That The Bags Were Abandoned. … Hyman, we also cited to the 1972 Advisory Committee Notes to Federal Rule of Evidence 702 as establishing a sufficiently reliable area of expertise within which a properly qualified expert may provide competent opinion testimony

United States Ex Rel. Frantino v. Hatrak

408 F. Supp. 476 · District Court, D. New Jersey · Feb 19, 1976

After establishing the corpus delicti, the State presented the testimony of three eye-witnesses and one ear-witness. … Qualified jurors need not, however, be totally ignorant of the facts and issues involved.

State v. Birch

115 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Jul 22, 1971

The case produced the usual disagreement between the admittedly qualified experts as to the damage sustained by defendant. … Clearly, the township would have the right to refuse to accept the dedication and assume the maintenance of the road unless it met certain reasonable standards. Cf. Kligman v. Lautman, 98 N.J. Super. 344 (App.